Phil Gibbons is pleased to announce that he recently scored a major victory for a client whose employer cheated him out of overtime and regular wages. A jury in federal court awarded Phil’s client $171,345.76 for unpaid overtime and regular wages that he worked over a 3-year period. This jury verdict also included double penalty damages provided by the Fair Labor Standards Act. Although most wage and hour lawsuits settle before going to trial, this case went the distance. On February 9, 2017, the Court issued a ruling finding the jury’s verdict was supported by the evidence, thus denying the defendant/employer’s request for a new trial and/or judgment as a matter of law. You can read a news report about the Court’s ruling here.
I am often asked, “If my employer did not track my time, how can I prove I am owed unpaid overtime?” Courts will not punish employees when employers owe them unpaid wages and overtime. If you perform work for your employer, you are entitled to pay for all of the time you worked. If your employer does not track the time you work, or even part of the time you work, the Court will allow you to provide a good faith estimate of your unpaid minutes or hours. This is exactly what happened during this jury trial. Phil’s client testified about the number of hours he worked each day, the job duties that he performed, and the facts that showed his employer knew about this extra work. The result: A jury verdict for justice!
Wage theft is a huge problem throughout the state of North Carolina. Every day I speak with employees who are cheated out of minutes and hours of their pay. Charlotte, NC employment lawyer Phil Gibbons helps employees recover unpaid overtime and wages from their employers. Keep in mind, every case is different, and the case described above is not meant to suggest that you will receive a six-figure jury verdict (or even a favorable verdict) if you sue your employer for unpaid wages. However, if you are owed unpaid wages, Phil Gibbons will provide you with a free case evaluation and he will help you obtain the unpaid wages that you earned.